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MATTER OF HEISS v. DUFFY

149 A.D.2d 902 (1989)

In the Matter of Brett A. Heiss, Doing Business as Monopole Restaurant, Petitioner, v. Thomas A. Duffy, Jr., et al., Constituting The New York State Liquor Authority, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 27, 1989

Mikoll, J.

Petitioner was charged by the State Liquor Authority (hereinafter the Authority) with two separate violations of Alcoholic Beverage Control Law § 65 (1) in having provided alcoholic beverages to persons under the age of 21 years on January 28, 1987 and February 7, 1987. As an affirmative defense to the January 28, 1987 charge, petitioner claimed that one of the underaged persons, Stephen Alfieri, had produced photographic identification...

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